Child molestation is considered a serious felony. A child molestation conviction can have far-reaching consequences that persist long after your case is closed. Keep reading to learn more about the offense of child molestation and how a criminal defense attorney can help you if you are charged with child molestation.

Georgia Child Molestation Statute

Under O.C.G.A. § 16-6-4, a person commits the offense of child molestation when a person:

1. Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or 
2. By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.[1]

What counts as an “immoral or indecent” act?

In Thomas v. State, the Georgia Court of Appeals found that any act generally viewed as morally and sexually indelicate, improper, and offensive can constitute child molestation. However, the question of whether an act is immoral or indecent is a question for the jury at trial.[2] 

What are the Elements of a Child Molestation Offense?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For a child molestation charge, the State must prove the following: 

1. The Defendant does an immoral or indecent to or in the presence of; 
2. Any child under the age of 16 years; 
3. With the intent to arouse or satisfy the sexual desires of either the child or the Defendant;

OR

1. The Defendant, by means of an electronic device; 
2. Transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act; 
3. To a child under the age of 16 years; 
4. With the intent to arouse or satisfy the sexual desires of either the child or the Defendant.

Penalties

A person who is convicted of a first offense of child molestation will be punished by at least 5 years and no more than 20 years in prison and will receive counseling. After a second or subsequent conviction of child molestation, the person will be punished by at least 10 years and no more than 30 years in prison or by imprisonment for life.

However, if the victim is at least 14 years old but less than 16 years old, and the person convicted of child molestation is 18 years old or younger and is no more than four years older than the victim, then the convicted person will be guilty of a misdemeanor.

Sex Offender Registry

Like the consequences of a rape or sexual battery conviction, there are additional penalties required by Georgia law when convicted of child molestation that can be found in O.C.G.A.§ 17-10-6.2. Some of the penalties include having to register for the State Sexual Offender Registry. Being on the State Sexual Offender Registry prevents you from seeking certain jobs, such as jobs involving children. Jobs involving children include but are not limited to, childcare facilities, childcare learning centers, or preschools.

Further, a child molestation conviction can prevent you from finding housing, employment, and using certain public services such as parks.

Defenses to a Georgia Child Molestation Charge

There are some child molestation defenses that your criminal defense attorney can argue based on the facts of your case, including:

• No intent: The offense of child molestation requires that the Defendant intend to arouse or satisfy their sexual desires or the sexual desires of a person under the age of 16. Therefore, if the Defendant acted without intent to arouse, the child molestation charge can be reduced. 

• Victim not under 16: Proof that the victim is under the age of 16 is an essential element of child molestation. Therefore, if the victim is not under the age of 16, the Defendant cannot be charged with child molestation. However, they can be charged with a different crime, such as sexual battery.

What is NOT a Defense in a Georgia Child Molestation Case

• Consent between minor and adult: A minor cannot consent to sexual acts with an adult in Georgia. Therefore, physically injuring a child during an act of molestation or sodomizing a child can result in a child molestation conviction.

• No arousal: Child molestation does not require actual proof of arousal. Thus, in Cline v. State, the Georgia Court of Appeals found that the Defendant’s assertion that he did not have an erection during the incident was irrelevant.

• No knowledge of victim’s age: Believing that the victim is over the age of 16 is not a defense to a child molestation charge when the victim is actually under the age of 16.

Frequently Asked Questions

Q: What is the punishment for child molestation?

A: A person who is convicted of a first offense of child molestation will be punished by at least 5 years and no more than 20 years in prison and will receive counseling. After a second or subsequent conviction of child molestation, the person will be punished by at least 10 years and no more than 30 years in prison or by imprisonment for life.

Q: What is the statute of limitations for child molestation?

A: Under O.C.G.A. 17-3-1, the prosecution of a child molestation charge must begin 7 years after the commission of the crime.

Why You Need a Lawyer for a Child Molestation Charge

A child molestation charge carries significant penalties that can impact the rest of your life. Here are some benefits of having a lawyer if you are charged with child molestation: 

1. Expertise and Legal Knowledge: Child molestation charges are serious and complex, involving intricate legal procedures. A criminal defense attorney can provide you with valuable knowledge and guidance. 
2. Thorough Case Evaluation: A criminal defense attorney can carefully analyze the evidence against you, including witness statements, forensic reports, and other relevant information. An attorney can identify potential weaknesses in the prosecution's case, such as inconsistencies, unreliable evidence, or violations of proper procedures. This evaluation can build a strong defense strategy tailored to your specific situation. 

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If you or your loved one is charged with child molestation, I am here to help. I have decades of experience representing people charged with misdemeanors and serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!